[HISTORY: Adopted by the Council of Latrobe 7-13-1981 by Ord. No.
1981-2 as (Ch. 1, Part 9, of the 1981 Code). Amendments
noted where applicable.]
The establishment of a Police Department in
and for Latrobe and the appointment of policemen by the Council, subject
to any applicable civil service provisions in the law, is hereby approved.
Said Police Department shall be composed of
such officers and patrolmen as have been or may be appointed by the
Council from time to time, subject to applicable civil service provisions
in the law.
[Added 5-13-1996 by Ord. No. 1996-6]
Latrobe Council hereby establishes the following
guidelines to be followed by the officers of the Latrobe Police Department
in making warrantless arrests for certain summary offenses:
A.
Pursuant to 42 Pa.C.S.A. § 8901, effective
January 17, 1996, a police officer shall, upon view, have the right
of arrest without a warrant for certain summary offenses, upon probable
cause, when there is ongoing conduct that imperils the personal security
of any person or endangers public or private property, provided that
such arrests are authorized by rules promulgated by the government
employing the police officer.
B.
If a police officer of the City of Latrobe has probable
cause to believe that there is a violation of one or more of the four
offenses listed below; that the defendant's conduct is ongoing, that
the conduct constituting the crime is based upon the police officer's
view of the conduct; and, if the conduct imperils the personal security
of any person or endangers public or private property, the officer
shall have the right to arrest a defendant without a warrant.
C.
D.
Any officer making an arrest under these guidelines
shall also follow those procedures set forth in the Pennsylvania Rules
of Criminal Procedure and, in particular, Rule No. 71, said rule currently
providing as follows:
(1)
When a defendant has been arrested without a warrant,
the defendant shall be either released from custody pursuant to paragraph
(b) or taken before the proper issuing authority under paragraph (c).
(2)
When a defendant has been arrested without a warrant,
the arresting officer may, when the officer deems it appropriate,
promptly release the defendant from custody when the following conditions
have been met:
(a)
The defendant is a resident of the commonwealth;
(b)
The defendant poses no threat of immediate physical
harm to any other person or to himself or herself;
(c)
The arresting officer has reasonable grounds
to believe that the defendant will appear as required; and
(d)
The defendant does not demand to be taken before
an issuing authority.
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A citation shall be issued to the defendant
at the time of release and thereafter the case shall proceed in accordance
with Rule 55-59 as if proceedings had been instituted by issuing a
citation to the defendant.
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(3)
When the defendant has not been released from custody
under paragraph (b), the defendant shall be taken without unnecessary
delay before the issuing authority where a citation shall be filed
against the defendant. The defendant shall be given an immediate trial
unless;
(a)
The commonwealth is not ready to proceed or
the defendant requests a postponement, and in either event, the defendant
shall be given the opportunity to deposit collateral for appearance
on the new date and hour fixed for trial; or,
(b)
The defendant's criminal record must be ascertained
before trial as specifically required by statute for purposes of grading
the offenses charged, in which event the defendant shall be given
the opportunity to deposit collateral for appearance on the new date
and hour fixed for the trial, which shall be after the issuing authority's
receipt of the required information.
E.
Latrobe Council recognizes that Rule No. 71 and § 8902
may be amended from time to time. It is the intention of Council that
the police officers of the Latrobe Police Department follow the terms
and the rule or statute that is currently in effect as of the date
of the arrest, whether or not these guidelines have been formally
amended to comply with any rule or statute changes.
F.
It is not the intention of Latrobe Council to modify,
restrict or otherwise prohibit a Latrobe police officer from making
other warrantless arrests for summary offenses where such arrests
have been expressly authorized by any other rule or statute.
